TERMS AND CONDITIONS
Welcome to our website.
This website is owned and operated by Tiny Bird Services Ltd whose registered office is 204, level 2, Nesta, Dublin 9, Ireland.
Company registration number is 621346 and VAT registration number
The Terms "us" or "we" refer to gardener4aday and the term "you" or "your" refers to the user or view of our website.
1.3 We may change or alter the content of this website and amend these terms and conditions from time to time by updating this page. As these terms are binding on you please check these terms and note any changes.
1.4 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted.
1.5 We may suspend, withdraw, discontinue or change all or any part of our website without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
1.6 You are responsible for making all arrangements necessary for you to have access to our site.
1.7 You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and conditions and other applicable terms and conditions and that the comply with them.
2. Our service & quotes
2.1 We provide an independent online service which enables you to research and compare services provided by third parties whilst using this website. Our comparison service is free for you to use. We receive a free/and or commission if you submit your details to obtain quotes.
2.2 By submitting your information for quotes, it is for the purpose of third party product or service providers to provide quotes for their service.
2.3 Please be aware that nothing on this website is or shall be deemed to constitute legal, financial, investment or other advice or a recommendation or endorsement by us in respect of any product or service referred to on this website. Information on this website is provided for general information purposes only, should not be relied upon by you and is provided so that you can select the product or service that you feel is most appropriate to meet your needs. You should always check the suitability, adequacy or appropriateness of any product or service referred to this website, we suggest that you seek independent professional advice before you obtain any product or service via this website.
2.4 Please be aware that nothing on this website is, or shall be deemed to constitute, an offer by us or any third party to sell to you any product or service or to enter into any contract with you in respect of any product or service. By submitting your details, you are making an offer to obtain the relevant product or service from the relevant third party on its terms and conditions that may be accepted or rejected. The contract for the product or service will only be concluded once your offer has been accepted.
2.5 We aim to provide uninterrupted access to this website bur we give no warranty as to the uninterrupted availability of this website. We reserve the right to suspend, restrict or terminate your access to this website at any time.
2.6 We reserve the right to add, amend, delete, edit, remove or modify any information, content, material or data displayed on this website and without notice from time to time.
3. Permitted use
3.1 You are only permitted to access and use this website for your personal, non-commercial purposes, meaning this website may only be accessed and used directly by a private individual or by a business to seek a product or service directly for that individual or business and on their behalf. Access to and use of this website other than for your personal, non-commercial purposes is strictly prohibited.
3.2 You are not permitted to use this website:
In any unlawful, fraudulent or commercial manner.
To harm, threaten, abuse, embarrass, defame, libel, intimidate or harass another person, or in a way that invades another person's privacy or is obscene, offensive, hateful, indecent, inappropriate, objectionable, unacceptable, discriminatory or damaging as determined by us.
To create, check, confirm, update, modify or amend your own or another person's databases, records or directories.
To tamper with, modify, reverse engineer or amend any part of this website.
In a way that interferes with, disrupts or imposes an unreasonable or disproportionately large burden on our communications and technical systems as determined by us.
Using any automated software, process, program, robot, web crawler, spider, data mining, trawling or other 'screen scraping' software, process, program or system.
3.3 You may operate a link to this website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, as determined by. |You must not operate a link to this website in such a way as to suggest or imply any form of association, approval or endorsement by us. We reserve the right to require you to immediately remove any link to this website at any time and we may withdraw any linking permission at any time.
4. Intellectual property rights
4.1 The copyright in the information, content, material or data displayed on this website belongs of us or our licensors. You may temporarily print, copy, download or store extracts of information, content, material or data displayed on this website for your own personal use, subject to the following conditions.
It may not be used for any commercial purposes and may not be commercially exploited, published, distributed, extracted, reutilised or reproduced without our prior conditions:
You may not use any automated software, process, program or system, robot, web crawler, spider, data mining, trawling or other 'screen scraping' software, process, program or system.
It may not be sold or transferred to any third party.
The copy must retain any copyright or other intellectual property notices contained in the original material.
Images displayed on his website are protected by copyright and may no be reproduced or appropriated in any manner without the prior written consent of their respective owner(s).
No logos, trade marks or service marks displayed on this website may be printed or downloaded, except as part of the text of which the form part.
You must not modify the paper or digital copies of such information, content, material or data.
It may not be excerpted, utilised, used, reproduced, published, reformatted and/or displayed on any other website without our prior written consent.
The status of us and our licensors as the authors of such information, content, material or data must be acknowledged.
4.2 All intellectual property rights including, without limitation, all copyright, design rights, patents, inventions, logos, business names, trading names, service marks and trade marks, internet domain names, moral rights, rights in databases, data, source codes, software, specifications, know how, processes and business methods (in all cases whether registered or unregistered and including all rights to apply for registration) in and relating to this website (including information, content, material or data displayed on it) belong to us or our licensors and all such rights are reserved.
4.4 You shall retain ownership on any views, opinions, reviews, ratings, comments, content or material you submit, display, distribute, upload, post, share, publish or otherwise make publicly available on or through this website ("User Content"). You grant us a perpetual, irrevocable, transferable, worldwide, royalty free and unlimited licence to use, modify, keep, share, sell, save, copy, distribute, publish, display, excerpt, reproduce, utilise, extract, make available and transmit such User Content in an manner and for any purpose. Additional terms and conditions in relation to User Content (including discussion forums and user reviews) are set out in paragraph 18.
Sections 5, 6 and 7 are important and you should read them carefully as the exclude or limit our liability to you and detail your responsibilities.
5. Exclusions of liability
5.1 We use reasonable endeavours to ensure that the data, material and information on the Website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. However, we are not able to guarantee that the data, material and information on the website is accurate or that there are no errors or omissions in the data, material and information.
5.2 We do not monitor, verify or endorse data, material and information or provided by third parties which is included on the website and you should be aware that such information may be inaccurate, incomplete or out of date. In particular, we do not monitor, verify or endorse the information or quotations collected from the service providers as presented to you on the website or through using the website. We are not responsible for any data, material or information included on the website which has been provided by third parties.
5.3 We do not give any warranty that the website is free from viruses or anything else which may have a harmful effect on any technology.
5.4 We are not responsible for any losses or damages arising from an inability to access the website, from any use of the website or from reliance on the data transmitted using the website where such losses or damages are caused by any event beyond our reasonable control including as a result of the nature of electronic transmission of data over the internet.
5.5 We are not responsible or liable for any indirect losses or damages suffered or incurred by you or for any losses or damages suffered or incurred by you which were not foreseeable by us when you accessed or used the website.
5.6 Some of our channels will provide you with access to third party websites who will host reviews about some of the products and services available in some instances may also be able to access user reviews directly on the website. Regardless of whether you are transferred to third parties website or read a user review on the website, the views expressed therein do not represent our views or the views of our associated companies and we are not responsible or liable for any accuracy or content of any such views of expressions.
5.7 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our site;
use of reliance on any content displayed on our site; or
use of the services or goods of any advertiser on our site.
5.8 If you are a business user, please note that in particular, we will not be liable for:
loss of profits, sales, business or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
5.9 You agree to defend, indemnify, and hold harmless Tiny Bird Services Ltd, its officers, directors, employees, affiliates and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fee, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. Tiny Bird Services Ltd shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
6. Exclusion of our liability in respect of third party advice, assistance, websites, products or services
6.1 You can apply for a number of products and services via the website. These products and services are not provided by us but are instead provided by third parties over whom we do not have control. It is your responsibility to satisfy yourself that you wish to obtain any product or service before doing so. We are no responsible or liable for any loss or damage you may suffer or incur in connection with any product or service you obtain after using this website or for any acts, omissions, errors or defaults of any third party in connection with that product or service.
6.2 Please be aware that the information and descriptions of products and services on this website may not represent the complete descriptions of all the features and terms and conditions of those products and services. You must ensure that you carefully read all the features and terms and conditions of any product or service before applying for it
6.3 If you apply for and obtain any product or service, you will be contracting with a third party who will be providing that product or service to you on their own terms and conditions. It is your responsibility to ensure that you understand and agree with those terms and conditions before entering into a contract to obtain that product or service. We are not responsible or liable for any loss or damage you my suffer or incur in connection with the terms and conditions applying to any contract entered into by you with a third party in relation to any product or service or for any acts, omissions, errors or defaults of any third party in connection with those terms and conditions.
6.4 We may provide links from this website and from emails sent to you as part of our service to the websites of third parties. These websites are owned and operated by third parties over whom we do not have control. You access and use these third party websites at your sole risk and your sole discretion. You are solely responsible for any use of these third party websites and for any decision to obtain or refrain from obtaining any of the products or services available on such third party websites.
Any links to third party websites are provided for your interest and convenience only. We do not endorse, recommend or accept responsibility for such third parties, their products or their services, their websites or for any information, opinions or views given or advise provided by such third parties (whether on their websites or otherwise). We are not responsible or liable for any loss or damage you may suffer or incur in connection with your use of any third party websites or any acts, omissions, errors or defaults of any third party in connection with their website.
6.6 Any views, opinions, or assistance which is given or provided to you by a third party after you have used this website do not represent or views, opinions, advise or assistance and are not checked, monitored, reviewed, verified or endorsed by us. We do not endorse, recommend or take responsibility for any third party who provide you with any views, opinions advice or assistance. You act or refrain from acting on any third party who provides you with any views, opinions advice or discretion and you are solely responsible or liable for any loss or damage you may suffer or incur in connection with such views, opinions, advise or assistance in relation to their accuracy, truthfulness or completeness or for any acts, omissions, errors or defaults of any third party in connection with such views, opinions, advise or assistance.
6.7 Please be aware that whilst this website provides information on a range of products or services, there may be other products or services available on the market which are not shown on this website and which may be more appropriate or suitable for you than those shown on this website.
6.8 You agree to defend, indemnify and hold harmless Tiny Bird Services Limited, its officers, directors, employees, affiliates and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions, Tiny Bird Services Limited shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you at your expense in defending any such claim, suit or proceeding.
7. Your responsibilities
7.1 You must take all reasonable precautions (including using appropriate virus checking software) to ensure that any information, content, material or data you provide (including User Content as described in paragraph 4.5) us free from viruses, spyware, malicious software, trojans, worms, logic bombs and anything else which may have a contaminating, harmful or destructive effect on any part of this website or the websites of third parties or any other technology.
7.2 You may complete a registration process as part of your use of this website which may include the creation of a username, password and/or other identification information. Any username, password and/or other information. Any username, password and/or other identification information must be kept confidential by you and must not be disclosed to, or shared with, anyone. Where you do disclose to or share with anyone your username, password and/or other identification information, you are solely responsible for all activities undertaken on this website using your username, password and/or other identification information.
7.3 You must check and ensure that all information, content, material or data you provide on this website is correct, complete, accurate and not misleading and that you disclose all relevant facts. We do not accept any responsibility or liability for any loss or damage you may suffer or incur in any information, content, material or data you provide on this website is not correct, complete and accurate or if it is misleading or if you fail to disclose all relevant facts.
7.4 Before you obtain any product or service from a third party, you must check all of the information, content, material or data held by the third party about you to ensure it is correct, complete, accurate and not misleading and that you have disclosed all relevant facts. It is you responsibility to identify and correct any mistakes or errors in the information, content, material or data held by the third about you before you obtain any product or service. Failure to do so could invalidate the product or service provided by the third party. We do not accept any responsibility or liability for any loss or damage you may suffer or incur if any information, content, material or data held by the third party about you is not correct, complete and accurate or if it is misleading or if you have failed to disclose all relevant facts.
7.5 You must get permission from any other person about whom you propose to provide information before you provide it. In submitting any other person's details, you are confirming to us that you have heir permission to do so and that they understand how their details will be used.
7.6 You are solely responsible and liable for your conduct on this website and for your User Content. You must ensure that:
You own your User Content or otherwise have the right to grant the licence set out in paragraph 4.5.
Your User Content does not violate or infringe any privacy rights, intellectual property rights (such as copyright, database rights and trade marks) or other rights of any third party (including any right of confidentiality).
Your User Content does not violate or infringe any law.
Your User Content is true, complete, accurate and not misleading where it relates to facts or, is genuinely held where it relates to an opinion.
Your User Content is not harmful, fraudulent, threatening, defamatory, embarrassing, distressing, infringing, abusive, inflammatory, intimidating, harassing, libellous, stalking, profane, obscene, indecent, inappropriate, hateful, discriminatory or racially, ethnically, sexually or otherwise objectionable.
7.7 You agree that you will be liable to us for any damages, loss, claim, demand, liability or expense (including reasonable legal fees) that we may suffer or incur arising out of or in connection with your conduct of this website and/or you User Content.
8. Security passwords
8.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
8.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms and conditions.
9. User content (including discussion forums and user reviews)
9.1 You agree that any User Content (as described in paragraph 4.5) will comply with this paragraph 9 and the User Content Standards.
9.2 You are not permitted to use this website to@
Collect email addresses or other contact information of others for the purposes of sending unsolicited emails or other unsolicited communications.
Promote or encourage illegal activity.
Do anything that is unlawful, harmful, fraudulent threatening, defamatory, embarrassing, distressing, infringing, abusive, inflammatory, intimidating, harassing, libellous, stalking, profane, obscene, indecent, inappropriate, hateful, discriminatory or racially, ethnically, sexually or otherwise objectionable or for the purpose of harming or attempting to harm minors in any way.
Do anything which violates the rights of others (such as rights of privacy).
Impersonate any other person or falsely state or otherwise misrepresent yourself.
Upload, post, transmit, distribute, modify, reproduce, share, store or otherwise make publicly available any information, material, data or content that infringes any patent, trade mark, trade secret, copyright or other intellectual property of any other person.
Send any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters', or any other form of such solicitation.
Post links to alternative community groups or forums except with our prior written consent.
9.3 We reserve the right, but have no obligation, to review or monitor any User Content. We are not responsible or liable for the review or monitoring of any User Content.
9.5 You agree that any information you provide to us about yourself will be rue, accurate and complete, and that you will ensure that this information is kept accurate and up-to-date at all times.
9.6 You agree that we may disclose your identity (including your name, email address and contact details) if required to do so by law, any court, the Financial Services Authority, the Office of Fair Trading or any other applicable regulatory, compliance, Governmental or law enforcement agency.
9.7 We advise you to think very carefully before posting or uploading any personally identifiable information about you on this website.
11. Governing law
12.1 Please use the contact form on this site to send us your feedback or enquiries.
12.2 If you are unhappy with any product you have obtained from a third party or have any complaint regarding any third party, you should address your complaint directly to that third party.